Company agrees to implement laundry list of improvements

Western Sugar has been fined $2 million by the state, and has agreed to complete a laundry list of compliance items aimed at cleaning up the company's air, water and health violations.

The Colorado Department of Public Health and Environment announced the settlement on Friday.

"The state's compliance and enforcement efforts are intended to protect public health and the environment. Each step of the overhaul will proceed along a timeline and, when completed, both the residents of Fort Morgan and the environment will benefit from the improvements Western Sugar is making," said Director of Environmental Programs Martha Rudolph.

The settlement includes a $2 million fine for violations of Colorado's Air Pollution Prevention and Control Act, Water Quality Control Act, and Solid Wastes Disposal Sites and Facilities Act.

Air pollution violations include exceeding the state's regulatory odor limits. Water quality violations include discharges of pollutants, including fecal coliform and sulfide, which significantly exceeded Western Sugar's permit limits. The department also cited Western Sugar for unauthorized spills during the time frame at issue. Water quality violations likely contributed to odor issues affecting Fort Morgan residents.

"We're encouraged by Western Sugar's commitment to undertake a significant overhaul to bring its Fort Morgan facility into compliance," Rudolph added.

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In addition to air and water quality violations, Western Sugar operated two large waste stockpiles, which are visible from Interstate 76 and Route 52, in violation of state solid waste regulations. These stockpiles contain coal ash and precipitated calcium carbonate - both byproducts of the facility's manufacturing process.

Under the terms of the settlement, Western Sugar has agreed to:

- Identify and implement wastewater treatment.

- Eliminate and/or properly dispose of waste stockpiles and any new waste generated through its processes.

- And accept suspension of its environmental permits or licenses if it fails to comply with certain terms of the settlement.

"Western Sugar is pleased that after many months of negotiations with the Water, Solid Waste, and Air Divisions of the Colorado Department of Public Health and Environment it was able to reach a comprehensive agreement relating to Western Sugar's operations at its Fort Morgan facility," the company said in a release Friday afternoon.

Western Sugar Vice President and General Counsel Heather Luther said that the cooperative believes that improvements previously made to the facility and ones to be made under the Settlement Agreement will benefit the community, the environment, and Western Sugar's employees and grower-owners.

She also said that the company planned to hold a public meeting in the near future. Western Sugar is mandated by an agreement with Morgan County to hold two public meetings a year, yet never held their required second meeting in 2017. County officials allowed the delay due to ongoing negotiations with state officials.

Morgan County Commissioner Jim Zwetzig said that he's encouraged by Western Sugar's commitment to clean things up. "It's going to be a long overhaul and it won't be easy, but I'm looking forward to a solution that will allow Western Sugar to stay in business as well as heed the standards of CDPHE," he said.

The city of Fort Morgan also responded to the news, stating "Western Sugar will face some daunting challenges as a result of the settlement with the state announced today. The city of Fort Morgan hopes Western Sugar is able to comply with the terms of the settlement, both for the sake of the future of the company and for the benefit of the community as a whole. Western Sugar is an important and long standing part of Fort Morgan's legacy, and bringing the sugar plant into compliance with water, air, odor and other health requirements will be better for all concerned."

The city has been working with Western Sugar on a solution for wastewater treatment, and will "continue to pursue options on that front." The city also mentioned that they will try to "assist Western Sugar in any way it can to comply with the terms of the settlement."

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